In the Matter of Certain Activity Tracking Devices, 337-963, U.S. International Trade Commission (Washington)

On August 23, 2016, the United States International Trade Commission (ITC) struck-down Jawbone's request for an import ban against Fitbit products. Judge Dee Lord determined that because the competitors' cross-filings for patent infringements had all been invalidated, there was no longer any basis for trade secret misappropriation and therefore nothing to substantiate a violation of section 337 of the Tariff Act of 1930, as amended 19 U.S.C. § 1337.

The ITC's initial findings will be made public within 30 days, after the parties have a chance to redact confidential information. Jawbone is expected to challenge these findings by asking for a review from the full Commission, with the aim of halting importation of Fitbit products in the U.S. (the ITC cannot award monetary compensation). Jawbone representatives also say the company will pursue a broader trade secrets case in state court. Check back for updates.